San Jose & Santa Clara County Probate Attorney
Estates in Silicon Valley rarely look like the textbook example. Alongside the family home there may be employer stock, restricted stock units, stock options with expiration dates, shares in a private company, or a house in Palo Alto or Los Gatos bought decades ago and now worth many times its purchase price. Settling that kind of estate requires attention to both the court process and the assets themselves.
Lamash Legacy Law is based in Malibu. I represent executors, administrators, trustees, and beneficiaries in probate and trust matters before the Superior Court of California, County of Santa Clara, appearing remotely where the court allows and in person when the matter requires it. I handle each case personally, in English.
The Santa Clara County Probate Court
Santa Clara County’s Probate Court is located at the Downtown Superior Court, 191 North First Street, San Jose, CA 95113, and the Probate Clerk’s Office is in Room 107 of that courthouse. The court hears General Probate and Administration of Estate calendars on several days each week.
Advance Case Status Reports and pre-approval
Santa Clara’s process is different from most counties in one important way. Probate examiners review the filings, and the court posts Advance Case Status Reports (ACSRs) for its probate calendars, generally two court days before the hearing and no later than 5:00 p.m. the court day before. A matter that the court has reviewed and found satisfactory is marked pre-approved, and the petitioner does not need to appear. If a matter is not pre-approved, the ACSR lists the examiner’s notes on procedural deficiencies, and the court may continue it, grant it subject to additional filings, or take it off calendar.
Because ACSRs arrive so close to the hearing, there is little time to fix problems after they are flagged. The practical goal is a petition that is pre-approved on the first pass, which means getting notice, publication, declarations, and proposed orders right before filing. That is how I prepare Santa Clara matters.
Remote appearances
The court provides remote appearance links for its departments, and video is generally required for remote appearances. Pre-approved matters need no appearance at all.
Silicon Valley Estate Issues
Equity compensation
Stock options and RSUs are governed by the employer’s plan documents, not only by the will or trust. Many plans give the estate or beneficiaries a limited window after death to exercise options, and missing that window can forfeit value permanently. One of the first things I do in a Silicon Valley estate is identify every equity award and its deadlines. Private company shares raise separate questions about valuation, transfer restrictions, and company consent.
Appraisal by the probate referee
In a California probate, non-cash assets, including real estate and many securities, are appraised by a court-appointed probate referee. The appraised value sets the fee base for statutory fees and becomes important for later tax reporting.
Long-held homes and property taxes
A home purchased decades ago may carry a very low assessed value. Under Proposition 19, that value can pass to a child only if the child makes the home their principal residence, and only up to a cap. Otherwise, the property is reassessed. For many families, this decides whether to keep or sell.
Simplified procedures rarely apply
For deaths on or after April 1, 2025, the small-estate limit is $208,850 and the primary-residence petition applies only up to $750,000. In most of Santa Clara County, a house titled solely in the decedent’s name will require full probate administration, unless it was held in a living trust.
Services for Santa Clara County Clients
- Probate Administration: petition, letters, creditor claims, appraisal, sale or distribution of assets, and final accounting.
- Trust Administration: trustee duties, notices, equity and real estate transfers, and distribution.
- Trust & Will Contests: challenging or defending estate documents.
- Beneficiary Rights: accountings and fiduciary accountability.
- Conservatorships and Financial Elder Abuse.
I work with clients across the county, including San Jose, Palo Alto, Mountain View, Sunnyvale, Cupertino, Santa Clara, Los Gatos, Saratoga, and Los Altos. For Bay Area matters in San Francisco, see my San Francisco probate page. For the statewide overview, see California Probate Attorney.
Santa Clara County Probate FAQ
Where is probate filed in Santa Clara County? With the Probate Court at the Downtown Superior Court, 191 North First Street, San Jose. The Probate Clerk’s Office is in Room 107.
What does “pre-approved” mean? The court reviewed the matter before the hearing and found it satisfactory. The court’s posted status report will show it, and the petitioner does not need to appear.
When are Advance Case Status Reports posted? Generally two court days before the hearing, and no later than 5:00 p.m. on the court day before.
What happens to my parent’s stock options? It depends on the plan. Many plans allow exercise after death only for a limited period, so the plan documents should be reviewed right away.
How long does probate take? A straightforward California probate commonly takes 9 to 18 months. See How Long Does Probate Take in California?
Talk With a Probate Attorney About Your Santa Clara County Matter
Call me at (424) 355-5565 or send a message. I will personally review your situation and explain the next steps.
Lamash Legacy Law’s office is located at 23465 Civic Center Way, #116, Malibu, CA 90265. This page provides general information, not legal advice. Contacting Lamash Legacy Law does not create an attorney-client relationship.